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dylatess
dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5142
Experience:  37 plus years of experience specializing in bankruptcy law
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I will be filing for CH 7 BK next month from a business. My

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I will be filing for CH 7 BK next month from a business. My wife and I have kept my finances (business) totally separate from her finances (personal.) I have been giving her "Owners Draw" checks from my business account to pay our personal bills. My question is, if I try and file for BK separately from her, would the trustee more than likely want her to return all the checks I wrote her? Again, nothing in the business has her name on it. But, like I said I have been writing her lots of "Owners Draw" checks. Thank you!!
Over 34 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions.

Are you filing a corporate business BK or filing as an indvidual doing business as and not including your spouse?
Customer: replied 4 years ago.

Individual DBA, and trying not to include my wife. But, if the trustee will want all the payments I made to her...we'll have to do a joint BK.

If your wife has any income, though she does not have to file with you, you must still list her income. Likewise, if the checks were to pay your household bills, and not to be used to pay business creditors, she will not have to return the money.
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